RECLAIMING MOTION BY BRIAN PHILP AGAINST THE HIGHLAND COUNCIL [2021] ScotCS CSIH_28 (11 May 2021)

RECLAIMING MOTION BY BRIAN PHILP AGAINST THE HIGHLAND COUNCIL [2021] ScotCS CSIH_28 (11 May 2021)

The petition is time-barred as the grounds for review arose on 11 October 2017 and there are no equitable grounds to extend the period; section 238(1) of the 1947 Act remains in force and empowers the Committee; complaints of bias relate to the statutory procedure, not to unlawful conduct by the respondents.

Citation
[2021] ScotCS CSIH_28
Parties
Petitioner and Reclaimer: Brian Philp; Respondents: The Highland Council
Jurisdiction
Scotland
Judgment Date
11 May 2021
Procedural Posture
Judicial Review (reclaiming Motion) / Appeal (reclaiming Motion)
Outcome
Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.
Legal Topics
Time Bar in Judicial Review, Jurisdiction of Rating Authority Committees, Statutory Interpretation, Bias and Impartiality in Administrative Appeals
Administrative Law Local Government Law Time Bar in Judicial Review Jurisdiction of Rating Authority Committees Statutory Interpretation Bias and Impartiality in Administrative Appeals

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Parties

Brian Philp

Petitioner and Reclaimer

The Highland Council

Respondents

Procedural Posture

Judicial Review (reclaiming Motion) / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Whether the petition was time-barred under s 27A of the Court of Session Act 1988
  2. 2 Whether the Non-Domestic Rates Appeal Committee was lawfully constituted under section 238 of the Local Government (Scotland) Act 1947 and section 56 of the Local Government (Scotland) Act 1973
  3. 3 Whether the appeal procedure provided by Parliament is inherently biased or unfair

Ratio Decidendi

The petition is time-barred as the grounds for review arose on 11 October 2017 and there are no equitable grounds to extend the period; section 238(1) of the 1947 Act remains in force and empowers the Committee; complaints of bias relate to the statutory procedure, not to unlawful conduct by the respondents.

Court Disposition

Reclaiming motion refused; interlocutor of the Lord Ordinary adhered to.

Orders

  • Petition dismissed as time-barred.
  • All questions of expenses reserved.